The defendant is charged [in count __]
with (issuing / passing) a bad check. The statute defining this offense reads
in pertinent part as follows:

a person is guilty of issuing a bad
check when <insert appropriate subsection:>

§ 53a-128 (a)
(1): as a (drawer / representative drawer), (he/she) issues a check knowing
that ((he/she) / (his/her) principal) does not then have sufficient funds with
the drawee to cover it; and (he/she) intends or believes at the time of issuance
that payment will be refused by the drawee upon presentation, and payment is
refused by the drawee upon presentation.

§ 53a-128 (a)
(2): (he/she) passes a check knowing that the drawer thereof does not then
have sufficient funds with the drawee to cover it, and (he/she) intends or
believes at the time the check is passed that payment will be refused by the
drawee upon presentation, and payment is refused by the drawee upon
presentation.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

"Check"
means any check, draft or similar sight order for the payment of money that is
not postdated with respect to the time of issuance.

A person "issues"
a check when, as drawer or representative drawer thereof, (he/she) delivers it
or causes it to be delivered to a person who thereby acquires a right against
the drawer with respect to such check. One who draws a check with intent that
it be so delivered is deemed to have issued it if the delivery occurs.

A person "passes"
a check when, being a payee, holder or bearer of a check that previously has
been or purports to have been drawn and issued by another, (he/she) delivers it,
for a purpose other than collection, to a third person who thereby acquires a
right with respect thereto.

"Drawer"
of a check means a person whose name appears thereon as the primary obligor,
whether the actual signature be that of (himself/herself) or of a person
purportedly authorized to draw the check in (his/her) behalf.

"Representative
drawer" means a person who signs a check as drawer in a representative
capacity or as agent of the person whose name appears thereon as the principal
drawer or obligor.

Element 2 - Knowledge of
insufficient fundsThe second element is that the
defendant knew that there were insufficient funds to cover that check. <Insert
appropriate definitions:>

A drawer has "insufficient
funds" with a drawee to cover a check when (he/she) has no funds or account
whatever, or funds in an amount less than that of the check; and a check
dishonored for "no account" shall also be deemed to have been dishonored for
"insufficient funds."

"Drawee" means a
person who must make payment on the check. In most cases, this will be a bank.

Element 3 - Intent
The third element is that (he/she)
intended or believed that payment on the check would be refused by the drawee
upon presentation.

<Insert if the presumption in §
53a-128 (b) has been raised:>

[The law presumes that an issuer of a
check, other than a postdated check, knew that the check would not be paid
because of an insufficiency of funds where either: (1) the issuer has no account
with the drawee at the time the check or order was issued, or (2) where the
check is presented to the drawee for payment within thirty days of its issuance
and the drawee refuses to make payment for reason of insufficient funds,
notifies the drawer of such refusal and the drawer thereafter fails to make good
on payment within eight days after receiving notice of such refusal. This means
that you may find, but do not have to, that the defendant knew the check would
be refused due to insufficient funds if you find that the defendant did not have
an account with the bank at the time the check was issued, or the bank had
notified the defendant that it had refused payment and the defendant did not
make good on the payment within eight days.]

Element 4 - Refusal of check by draweeThe third element is that payment was
refused by the drawee upon presentation.

Conclusion

In summary, the state must prove
beyond a reasonable doubt that the defendant 1) (issued / passed) a check, 2)
(he/she) knew that there were insufficient funds to cover the check, 3) (he/she)
intended or believed that payment on the check would be refused by the drawee,
and 4) the check was refused by the drawee.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
(issuing / passing) a bad check, then you shall find the defendant guilty. On
the other hand, if you unanimously find that the state has failed to prove
beyond a reasonable doubt any of the elements, you shall then find the defendant
not guilty.

Commentary

Sentence EnhancerSection
53a-128 (c) provides for graduated penalties based on the amount of the
check. The amounts were raised by Public Acts 2014, No. 233, § 6, effective
October 1, 2014, as shown in chart below.

As of October 1, 2014

Prior to October 1, 2014

Classification

> $2,000

> $1,000

D felony

> $1,000 and < $2,000

> $500 and < $1,000

A misdemeanor

> $500 and < $1000

> $250 and < $500

B misdemeanor

< $500

< $250

C misdemeanor

The
jury must find this fact proved beyond a reasonable doubt. See
Sentence Enhancers, Instruction 2.11-4.